LEGAL PROTECTION OF THE BASIC RIGHTS OF OUTSOURCING WORKERS IN THE JOB CREATION ACT REGULATION BASED ON THE ILO CONVENTIONS
2023
Kurniawati L. | Budiono A.R. | Permadi I. | Safa’at R.
Legal protection of the rights of outsourced workers is not just a legal issue, but a right that must be obtained by workers according to the mandate in the legislation, these rights are in the form of work and decent wages, social security, severance pay, and work safety. Although some of the rights have been listed in the labor regulations, these regulations have not yet fully contained and regulated the fulfillment of workers' rights, especially in practice that has not fully protected the rights of outsourced workers in a just and constitutional manner. This research uses a normative juridical method with a statutory, conceptual, historical approach, with primary legal materials namely the 1945 Constitution, Law Number 13 of 2003 concerning Manpower jo. Law No. 11 of 2020 on Job Creation, Government Regulation No. 35 of 2021 and ILO conventions. The results of the study indicate that the violation of the rights of outsourced workers is in fact still ongoing by providing substandard wages and unilateral layoffs by employers. Internationally, the ILO conventions have regulated the application of the protection of basic workers' rights, namely the abolition of forced labor and the provision of decent wages, this convention has also been ratified in Indonesian laws and regulations, thus various labor regulations should be a preventive measure as an optimization legal protection for workers so that the welfare of workers nationally and internationally can be achieved.
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